Electricity Regulation Act 1999

14A

F322[Transitional power to modify licence conditions concerning Single Electricity Market, etc.

14A. (1) The Commission may, in accordance with this section, modify the conditions of a particular licence where the Commission considers it necessary or expedient to do so

(a) for the purpose of implementing, or facilitating the operation of, the Single Electricity Market, or

(b) in consequence of, or for giving full effect to, those arrangements.

(2) The power to modify licence conditions under this section includes the power

(a) to make modifications relating to the operation of the transmission system or the distribution system, and

(b) to make incidental, consequential or transitional modifications.

(3) Conditions included in a licence by virtue of the power conferred by this section

(a) need not relate to the activity authorised by the licence,

(b) may require the holder of a licence under section 14(1)(e) to carry out the responsibilities referred to in section 14(15) and to apply for or cause an affiliated company or a subsidiary company to apply for a licence under section 14(1)(j) in such form as may be approved by the Commission,

(c) may do any of the things authorised by section 14,

(d) may require the holder of a licence to enter into such new contracts or other arrangements, or new contracts or other arrangements for such purposes or of such description, as may be specified in or determined by or under the conditions,

(e) may include provision for determining the terms on which such new contracts or other arrangements are to be entered into, including terms for the contract or arrangement to be governed by a law other than the law of the State,

(f) may require the licence holder to amend or terminate, or agree to the amendment or termination of, such existing contracts or other arrangements, or existing contracts or other arrangements of such description, as may be specified in or determined by or under the conditions.

(4) Before making modifications under this section, the Commission shall consult

(a) the holder of any licence being modified, and

(b) such other persons as the Commission considers appropriate.

(5) Subsection (4) may be satisfied by consultation before, or after or both, the coming into operation of this section.

(6) Notwithstanding section 8A(4), consultation referred to in subsections (4) and (5) may, subject to subsection (8), be performed by the Commission otherwise than in accordance with section 8A(4) where such consultation is performed jointly with the Authority.

(7) Notwithstanding section 8A, modifications under this section may, subject to subsection (8), be made by the Commission otherwise than in accordance with section 8A(4), but in such event it shall consult the Authority before making any such modification.

(8) Subsections (6) and (7) shall cease to have effect where the SEM Committee referred to in section 8A has been appointed in accordance with Schedule 1A, but without prejudice to any things done or steps taken prior to those subsections ceasing to have effect.

(9) The Commission shall publish any modifications under this section in such manner as it considers appropriate.

(10) The power of the Commission to modify a licence under this section may not be exercised after the end of the period of 2 years beginning with the day on which this section comes into operation.

(11) Subject to subsection (12), nothing in this section prejudices the generality of any other power to modify a licence, and nothing in subsection (2) or (3) prejudices the generality of subsection (1).

(12) Where a licence is modified under this section, sections 19 to 22 and sections 29 to 31 shall not apply in relation to any such modification.]

Annotations

Amendments:

F322

Inserted (18.06.2007) by Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007), s. 13, S.I. No. 287 of 2007.